Case C-58/08 R (on the application of Vodafone Ltd) v Secretary of State for Business [2010]
Facts
- A regulation (717/2007) adopted on the basis of At 114 TFEU set maximum roaming charges payable by a consumer’s home Member State network to a foreign network used by the home operator (for example fees paid by Vodafone UK to Vodafone DE for a Vodafone UK customer to use Vodafone DE’s network)
- Vodafone challenged the validity of the regulation
Issue
- Could the regulation be annulled due to the incorrect use of Art 114 TFEU
Decision
- No
Reasoning
- Wholesale prices (network-network) for roaming were already high, and the topic was of growing public concern
- This growing concern made it likely that Member States would soon adopt measures limiting these prices, which would in turn create distortions in the roaming market across the EU
- The regulation clearly had at its object the removal of obstacles to inter-state trade
- The regulation was proportionate, notwithstanding a negative effect on networks
- The principle of subsidiarity was not breached given the interdependence of retail and wholesale prices
